Ирактың 2004-2006 жылдардағы уақытша конституциясы

2004–2006 provisional constitution of Iraq
The Law of Administration for the State of Iraq for the Transitional Period (قانون إدارة الدولة للفترة الانتقالية), also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council. It came into effect on June 28, 2004 following the official transfer of power from the Coalition Provisional Authority (a division of the United States Department of Defense) to a sovereign Iraqi government. The law remained in effect until the formation of the government in May 2006, when it was superseded by the permanent constitution that had been approved by referendum on October 15, 2005. The TAL was principally drafted by a ten man committee appointed by the Bush Administration with advice from the United States and United Nations personnel.

The constitution provides for a transitional National Assembly, elected on January 30, 2005. The government under the Transitional Law is a democratic republic, with three separate branches of government. The elected National Assembly is a unicameral legislature with 275 elected members. Members selected a President of the Assembly, who serves as a non voting speaker, and two deputies. The Assembly is the chief lawmaking organ, and is required to propose and pass bills in order to make law for the country. The Assembly also elected a President of State who along with two deputies formed a Presidency Council to "represent the sovereignty of Iraq and oversee the higher affairs of the country." The council represents the executive branch of government and has the right to veto laws passed by the Assembly. The Assembly can then over rule the Council with a two thirds majority vote. The Presidency Council appoints the Prime Minister of Iraq and cabinet (Council of Ministers of Iraq), all who must be approved by the Assembly. The Prime Minister and his cabinet exercise most of the day to day runnings of government, including control over the armed forces. The Assembly has a right to remove the Prime Minister with a vote of no confidence.

The Transitional Administrative Law spelled out the steps to be taken after the transfer of sovereignty to the writing and enactment of a permanent constitution. Article 2 stated that elections for the National Assembly should take place no later than January 31, 2005. Article 61 stated that the Assembly should write a permanent constitution by no later than 15 August 2005. The draft permanent constitution would be presented in a referendum to the Iraqi people by 15 October 2005. According to the TAL, the permanent constitution would be adopted if a majority of Iraqi voters approve it, and no more than 2/3 of the voters in any three governorates disapprove it. This provision was criticized by Ayatollah Al Sistani on the grounds that it could lead to civil war if voters in the three majority Sunni Muslim governorates reject it. Article 61 also provided for an extension to the constitution drafting process for up to six months. If the constitution were to be rejected or if the National Assembly failed to come to agreement, the National Assembly was to be dissolved and new elections were to be held.

Local court justices are appointed by local governments and their "juridical councils", the Supreme Court being appointed by the Federal Government. The Supreme Court has nine members and possesses the ability to overturn legislation it finds unconstitutional. The constitution also establishes several "National Commissions" to investigate and address recent concerns such as human rights and war crimes.

The transitional constitution recognizes the current government of Iraqi Kurdistan as the legitimate government of the Kurds, and allows it to continue to exist within the new federal state. Iraq elected Governors and Governorate councils for each of its 18 governorates, as well as elected mayors and city councils for each city. Elections were held at the same time as National Assembly elections.

Former Ba'ath Party members who want to run for office are required to sign documents explicitly denouncing the party and denying they possess any continuing ties to the organization or its principles.

The natural resources of Iraq are explicitly declared to belong to all the people of all the regions and governorates of Iraq. Their management is required to involve consultation with the governments of the regions and the administrations of the governorates. Revenue resulting from their sale through the national budget is required to be distributed in an equitable manner proportional to the distribution of population throughout the country, and with "due regard for areas that were unjustly deprived of these revenues by the previous regime."